There are many forms of intellectual property protections, and It can often be confusing to determine which aspect of intellectual property law covers a potential breach. The main protections are:
- Confidential information
- Design rights
– Bingo! Design rights cover the appearance of the whole or part of a product and can be unregistered or registered. In particular, they protect package and industrial designs. Unregistered design rights are automatically granted if the product meets certain criteria. However, it may prove costly and time consuming for BabaBing to prove the existence of the criteria if a legal battle does ensue.
Holders of intellectual property rights have the exclusive right to prevent the imitation of products, and restrict the use and distribution of the protected product.
We act for a wide range of businesses on intellectual property right issues and would welcome the opportunity to discuss any design or other intellectual property issues that you may have.